HomeMy WebLinkAbout02-22-2010 Council MinutesMINUTES OF THE
r ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above - mentioned date with the following members present: Acting Mayor
Jim Murphy, Council Members Lili McMillan, Cynthia Bremer, and Doug Franchot. Representing Staff were
Finance Director Ron Olson, City Clerk Lin Vee, City Attorney Soren Mattick, Assistant City Administrator
of Long -Term Strategic Planning Mike Gaffron, Zoning and Planning Coordinator Melanie Curtis, Planner
Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young.
Acting Mayor Murphy called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 7, 8, and 8a were added to the Consent Agenda.
Bremer moved, Franchot seconded, to approve the Consent Agenda as amended.
Michael LeQuey, P.O. Box 94, Crystal Bay, requested the minutes be tabled to allow him time to review them.
Murphy stated Mr. LeQuey would have an opportunity to review the audio of the meeting if he so chooses and
provide his comments to Staff.
(10. VOTE: Ayes 4, Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF FEBRUARY 8, 2010
Bremer moved, Franchot seconded, to approve the minutes of the City Council meeting of February 8,
2010, as submitted. VOTE: Ayes 4, Nays 0.
PLANNING COMMISSION COMMENTS — DENISE LESKINEN, REPRESENTATIVE
Leskinen stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
Jeff Johnson, Hennepin County Commissioner, addressed the City Council on the Hennepin County budget.
Johnson noted Hennepin County is on the same budgeting cycle as the City of Orono and passed their 2010
budget in late December. The budget had a decrease from 2009 to 2010 and went from 1.7 billion to 1.6
billion dollars. The property tax levy, however, increased by 4.59 percent on a vote of 5 -2 to compensate for a
decrease in funds from the State. Johnson stated in his view the budget should have been balanced without the
property tax increase.
• The biggest issue for Hennepin County at the present time is the GMAC/health care provision for indigent
people. The issue relates to the fact that a significant number of people who do not reside in Hennepin County
Page 1 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m.
i
(PUBLIC COMMENTS, Continued)
go to Hennepin County Medical Center for their treatment, which means that the residents of Hennepin
County are required to pay for that, and a solution needs to be arrived at. Work will commence on the 2011
budget in July.
Acting Mayor Murphy asked for any additional public comments not related to Item No. 4.
Michael LaQuey, P.O. Box 94, Crystal Bay, stated the Environmental Protection Agency has a website called
medical waste. Mr. LaQuey cited the following: Medical waste is all waste materials generated in a health
care facility, such as hospitals, clinics, physician's offices, dental practices, blood banks, veterinarian
hospitals, clinics, as well as medical research facilities and laboratories. The Medical Waste Tracking Act of
1988 defines medical waste as any solid waste that is generated in the diagnosis, treatment and immunization
of human beings or animals and research pertaining thereto or in the production or testing of biologicals. This
definition includes but is not limited to blood soaked bandages, culture dishes and other glassware, discarded
surgical gloves, discarded surgical instruments, discarded needles used to give shots or draw blood, e.g.,
medical sharps, cultures, stocks, swabs used to inoculate cultures, removed body parts and discarded lancets.
LaQuey stated on the website for the American Woodworking Council there is a document called Design for
Code Acceptance.
Acting Mayor Murphy asked if this comment is related to The Emily Project. •
}
LaQuey stated he is not connecting it and is just reading off general information for the City Council.
Acting Mayor Murphy stated it appears Mr. LeQuey is connecting it to The Emily Project.
LaQuey indicated he did not make that connection and is just reading general information. Some of the things
that should be looked at is the stud separation for one hour load bearing wood frame wall assemblies, which
also pertains to one hour fire rated floors, 24 -inch separation, the type of insulation, the type of furring, the
type of sheathing, the ceiling sheathing, fasteners, and other details.
LaQuey stated on the National Fire Protection Association website there is a document dated February of 2009
relating to structure fires in medical, mental health and substance abuse facilities. The study found that of all
structure fires, 0.07 percent occur in health care facilities, which may not sound like a lot but is seven out of
1000. Of those, you have increased risk if you are cooking or have a kitchen, you are at increased risk if you
have laundry facilities in these type of hospital fires. They also found that cooking equipment was the leading
cause of reported fires in medical or mental health and substance abuse facility structure fires in 2003 to 2006.
PLANNING DEPARTMENT REPORT
*3. #09 -3436 LORI AND RICHARD GHERARDI, 2700 ETHEL AVENUE — VARIANCE —
RESOLUTION NO. 5915
Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5915, a Resolution Granting a •
Variance to the Orono, Minnesota, City Code Section 78 -350, for the property located at 2700 Ethel
Avenue. VOTE. Ayes 4, Nays 0.
Page 2 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m.
4. #10 -3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE — CONDITIONAL USE
PERMIT AND GARAGE CONSTRUCTION
Dirk Miller, Applicant, was present.
Curtis noted this application was tabled from the February 8"' City Council meeting to allow the applicant time
to hold a meeting for the neighborhood to have their questions and concerns addressed as well as to give
Council and Staff time to review the entire application, including the construction of the garage.
Curtis stated the applicant is requesting conditional use permit approval in order to operate a 10 -bed, inpatient
residential eating disorder treatment facility with limited out - patient services within the existing building on
the property, formerly the Hill School. The applicant intends to maintain as much of a residential character of
the property as possible by limiting signage and changes to the exterior finishes of the building which are not
consistent with a single - family home. A detached garage is also part of this application. Due to the location of
the existing building and the proposed detached garage on the property, setback variances are also requested.
The detached garage will also require a structural coverage variance to allow 17 percent structural coverage
where 15 percent is allowed and 14.7 percent currently exists.
On February 17'', the applicant held an informative meeting for the neighborhood. At this meeting the
neighborhood was able to ask questions about the applicant's facility, day -to -day operation, and other issues of
concern.
Planning Staff and the City Attorney have been working with the applicant on developing conditions of
approval for this proposed use. The following are some draft conditions:
1. There shall be a maximum of 10 patients at any given time served on an inpatient basis.
2. Interior modifications and limited exterior modifications are permitted which will maintain the local
historical value.
3. The 616 square foot detached garage will house a van and garden equipment and shall be
architecturally similar to the Hill School building.
4. The proposed 10 -bed inpatient residential eating disorder treatment facility shall not be a lock -down
facility. Patients may leave the building at will upon notification of stuff.
5. There shall be no use of restraints in this facility.
There shall be no biohazard or medical waste generated at this facility.
7. The outpatient services available at this facility shall be'limited to weekdays between the hours of
8 a.m. and 7 p.m.
All staff parking shall be within the property's existing parking lot.
• 9. Establish a shared parking agreement with the Minnetonka Art Center to avoid the need for parking on
local streets.
Page 3 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m. •
(4. #10 -3442 THE EMILYPROGRAM, 2180 NORTH SHORE DRIVE, Continued)
10. The applicant shall make an application for withdrawal of the conditional use permit granted by this
resolution when and if the property is ever sold or transferred to another owner.
11. Visiting hours shall be limited to weekday evenings between 5 p.m. and 9 p.m. and weekend visiting
hours shall be limited to the hours between 8 a.m. and 9 p.m.
12. Multi- family Saturday group sessions, which will exceed the existing parking, shall not be held at this
location.
13. The user shall hold an active Minnesota State Department of Human Services License for an eating
disorder structured living program. Annual verification of licensure may be required.
On January 19th, the Planning Commission recommended approval of the setback variance and conditional use
permit limiting the use to 10 beds /inpatient clients. At the February 16'h meeting, the Planning Commission
recommended denial of the variances to allow the detached garage as currently proposed. The Commission
suggested reorienting the garage on the property, parallel to the lot lines and the existing building, orientation
of the overhead doors to the street or inward facing the existing building, and utilization of the existing parking
area to access the proposed garage.
Staff recommends approval of the setback variance and the conditional use permit with the appropriate
conditions. The applicant has requested there be a vote on the use so they may plan appropriately. Should the 10 1
Council approve the use on Monday night, the applicant is willing to work with Staff to develop additional
conditions for the resolution for adoption at the March 8th Council meeting.
Acting Mayor Murphy stated the official public hearing is held at the Planning Commission level but that he
would allow new comments pertaining to this application if any of the residents are interested in providing
comment.
Dr. Miller stated he would like the City Council to know that he understands the concerns and fears of the
neighborhood residents and that he would encourage the residents to keep track of the larger issue. The Emily
Program is a world -class eating disorder program and employs some of the best mental health people in the
state. The Emily Program has been in this business longer than anybody and the program has been very well
thought out.
Dr. Miller commented that as a state, how we deal with our elderly, the sick, and the mentally ill, is a measure
of who we are as a society. The eating disorder population is a well- behaved, conscientious, and concerned
population that follows the rules. At the last council meeting, a discussion was had about the St. Anthony Park
location and the Chaska location. The Emily Program would like to be a good neighbor to the residents. The
patients participate in the community, are conscientious, and are willing to work with the neighborhood. Dr.
Miller stated in his opinion this combination of the Emily Program and the City of Orono will allow the
residents to be a part of something good. Dr. Miller pointed out that there are currently people in Orono who
suffer from eating disorders, depression, and alcoholism, and the patients who are receiving treatment are not
to be feared.
Dr. Miller stated in his view some of the concerns that have been expressed are irrational fears and that he •
attempted to address those at the neighborhood meeting. The Emily Program brought people to the
Page 4 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
• 7:00 o'clock p.m.
(4. #10 -3442 THE EMILYPROGRAM, 2180 NORTHSHORE DRIVE, Continued)
neighborhood meeting to explain who we are. The residents were invited to tour the facilities. The Emily
Program is also willing to bring clients to the meeting if the City Council would deem that appropriate.
Dr. Miller stated they are running a transparent operation and are not attempting to hide anything. Dr. Miller
commented that he feels there is a silent majority in this community that is supportive of this program, and that
he would encourage the City Council to be supportive of this program as well.
Dr. Miller stated he believes The Emily Program can hold up their end of the bargain and that this location will
be a wonderful spot. As it relates to property valuations, at their site in St. Anthony Park, there were two
properties directly adjacent to that facility that had been on the market and sold within a week. The two
properties located across the street from the Hill School have been on the market for three months and have
not sold. Dr. Miller stated if there are property valuation problems in this neighborhood, they are not the
responsibility of The Emily Program and that they will properly maintain their facility.
Dr. Miller stated he will attempt to address any issues that come up tonight.
Acting Mayor Murphy asked whether any of the residents have visited one of the Emily Program facilities.
Murphy noted that two residents out of approximately 40 members of the audience have.
. Acting Mayor Murphy opened the public hearing at 7:23 p.m.
Michael LaQuey, P.O. Box 94, Crystal Bay, noted he worked at the Mayo Clinic for six years, not in the
capacity of an administrator or as a provider, but commented that when you work at a medical facility, you do
pick up some general knowledge of hospitals and clinics. LaQuey stated in his opinion there will be medical
waste generated at this facility.
LaQuey stated issue number two relates to additional safety considerations. LaQuey requested the opportunity
to see a detailed construction material schedule, with prior permits validated against that schedule. LaQuey
indicated he also has some questions about the elevator and that he does not feel it is big enough to fit a gurney
with two people. In addition, there is an increased risk of fire because hospitals in general have an increased
risk; there is an increased risk of fire because it is a wood structure; and there is an increased risk of fire in the
fact that the patients will be doing their own laundry and the fact that there will be a kitchen at this location.
LaQuey stated in his opinion there will be increased traffic at this location. If there are two psychologists and
one psychiatrist at this facility seeing outpatients at one hour intervals, that will generate 21 outpatient visits a
day, which will result in increased traffic under this proposal. LaQuey proposed that the City Council impose
a moratorium on any increased traffic in this area of Orono because the roads are inadequate for the current
traffic levels. LaQuey stated he has been familiar with this area since 1965 and has observed the traffic
patterns in this area.
LaQuey stated in his opinion there will not be significant benefit to the community from The Emily Program.
The neighbors have asked the applicant what the patient demographics will be. The majority of the patients
will be people from outside Orono and from such communities as North and South Minneapolis, Minnetonka
• Beach, Edina, Plymouth.
LaQuey stated he would propose that if the current CUP is not used for a school and if there is no intention for
there to be a school at this location, as well as the fact that there are some nonconforming issues with the
Page 5 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m.
(4. #10 -3442 THE EMILYPROGRAM, 2180 NORTHSHORE DRIVE, Continued)
current building, such as the drainage pool and fire code/building issues, that the City Council, revoke the CUP
and revert the property to conforming.
LaQuey reiterated his request that the City Council impose a moratorium on increased traffic and revoke the
CUP. LaQuey stated there will be medical waste generated at this facility and there will be an increased
danger of fire, which relate to the local issues of fire and safety and valuations, which are reasons why the
CUP should be denied.
Gregg Steinhafel, 2265 North Shore Drive, stated he is a board member of Tree House, which is a local
nonprofit that serves troubled youths between the ages of 14 and 18, so he is very familiar with troubled youth
and their needs. Steinhafel indicated he sympathizes with them as well as the patients at The Emily Program.
On behalf of many Orono homeowners in opposition to The Emily Program, Steinhafel indicated he has a
statement he would like to read.
"First of all, we, the neighbors, have great admiration for the kind of work that is being done at Emily's
Program, and in no way do these comments reflect anything other than this fact. However, we believe that the
decision to grant CUP to Emily's Program should be unanimously denied for the following reasons:
First, not all neighbors have received timely due notice of Emily's Program's desires to operate this medical
facility in the Hill School property. •
}
Second, due diligence has not been completed by the neighbors or the City. There has not been enough time to
thoroughly examine and understand the risks and benefits of this mental health facility being located in our
neighborhood. Additionally, we need more time to understand the facts versus fiction since there are so many
contradictions and accusations that have surfaced.
Three, Emily's Program and Dr. Dirk Miller should address the neighbors and City's concerns in writing and
for the record.
Fourth, the City should allow the Art Center and its neighbors more time to explore other alternative uses for
the Hill School property.
And fifth, and this is the most important reason to deny the conditional use program for Emily's Program.
First of all, let me repeat, this is not about Emily's Program. The question is whether to open this lot up to
hospital, nursing care, restroom, sanitarium, medical clinic and medical outpatient usage; in other words,
general medical uses. Granting the request, the requested variances and the conditional use permit, will create
rights that run with the land. Let me repeat. With the land, not Emily's Program, and allow the medical uses
mentioned previously and other similar medical uses. This lot is too small for medical uses. The setback
requirements in the zoning code for medical uses protects nearby homes by providing a buffer between the
residential uses and the medical use. Granting the variances will significantly reduce the buffer to the
detriment of the neighborhood.
Before any vote on this application, all the draft conditions to be placed in the conditional use permit should be
in writing and circulated to all interested parties. No vote should be taken while conditions are `still being •
reviewed and not ready for inclusion in the staff report.' Circulation of the draft conditions should occur well
before the City Council meeting where the votes will be taken so all interested parties have sufficient time to
review the conditions and to develop additional conditions if needed.
Page 6 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
• 7:00 o'clock p.m.
(4.. #10 -3442 THE EMILYPROGA", 2180 NORTH SHORE DRIVE, Continued)
And most importantly, draft condition number ten in the request for council action may not be enforceable.
This condition appears to limit the property's future use to the Emily Program by requiring the applicant to
`withdraw the conditional use permit if the property is ever sold or transferred to another owner.' However,
this condition may not be enforceable under State of Minnesota law. Where others have tried, everyone has
lost. So in other words, these are permanent rights granted to the property, not the tenant, with no future
approval required for other medical uses. For these reasons, we strongly believe that Emily's Program has no
place at the Hill School location and that their request for a conditional use permit should be unequivocally
denied."
Mattick stated generally what is being discussed as it relates to the CUPs is that you are not allowed to put in a
sunset provision. Mattick stated he believes that it is a true statement that a sunset provision is unenforceable.
Minnesota Statutes allow a City to limit the time frame on a conditional use permit through the use of an
interim use permit, which would be the best option. Orono does not currently have that in their City Code, so
it is not an option at this time.
Mattick noted The Emily Program has stated as part of the CUP process that they would sign off on the sunset
provision. The applicant could agree to withdraw the CUP, but Mattick indicated that has not been tested to
his knowledge in the courts. If the City is going to limit the time on a use, the preferable way would be to do it
in the form of an interim use permit.
Bremer asked what is preventing the City of Orono from changing their code to allow interim use permits.
Mattick stated the City Council would need to go through the normal zoning ordinance process, which would
require a public hearing and a review by the Planning Commission.
Steinhafel indicated that some of the land use individuals that he has spoken to agree to the point that the CUP
goes with the land, and if you want the CUP to be withdrawn or expire at some point, you have to change the
code in order to make it iron clad. The way the code stands today, an applicant cannot just withdraw it. The
concern of the neighbors is the fact that the CUP would stay with the property.
Aaron Printup, 2195 Prospect Avenue, stated he has lived in this area for 33 years and that he looks at the Hill
School property every day. Printup stated he is a fiercely loyal person to his community but he is opposed to
the Hill School becoming a treatment and rehab facility to treat the deadly mental illness of eating disorders.
The neighbors have been led to believe that people suffering from eating disorders are nonviolent. In addition,
they have been told there will be court orders for some. People with eating disorders are mentally ill and do
need help. That help would be better received closer to a hospital or in a hospital.
Printup indicated that in his experience people who are under court order tend to be defensive, make poor
choices, and are likely to walk away. Printup stated he does deal with mental health individuals in his line of
work and that he does not want people who make those bad choices being in his neighborhood because they
could make the choice to harm themselves. Printup indicated he does not want to take a chance of any of them
harming his 15 month old daughter or any of his neighbors.
Printup encouraged people to imagine selling their home and having it listed as a home in historic Crystal Bay,
• blocks away from the majestic jewel, Lake Minnetonka, for boating and fishing, take walks on beautiful parks
and trails, and home of the historic Hill School, school at the end of the road, new home of the treatment and
Page 7 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m. •
(4. #10 -3442 THE EMILYPROGRAM, 2180 NORTHSHORE DRIVE, Continued)
rehab facility for the mentally ill. Printup stated the residents do not pay premium taxes to live in the beauty
and somewhat rural charm of Orono to have that as a neighbor.
Printup noted that a police call to that facility will cost the community and taxpayers. If the neighbors notice
a high volume of traffic, there is nothing they can do about it. The permit stays with the property. When
someone gets hurt or is running down the street trying to run away or is found in the park having made a poor
choice, there is nothing the neighbors can do to make the program leave. There is a very likely possibility, if
the eating disorder aspect does not work out, and because that disorder is a mental illness, that then paves the
way for other mental health patients to move in, which is state law. Many times people with mental health
issues are also cigarette smokers. Printup indicated he does not want his child to be around or see people who
smoke.
Printup asked if anyone on the Council has any interest or background in this program. Every council member
he has spoken to by phone has stated the same two reasons for why they support the program. The reasons
given were that building vacancy is bad and helping people is good. It was also quoted in the newspaper about
what's not to like about this program. Printup stated when he asked the mayor this question, he was given two
reasons: building vacancy is bad and helping people is good. Printup comments that that seems to be a
common theme or line to support it.
Printup stated he has heard more valid public safety reasons not to support it and that he would like to keep
Orono rural in character. Printup requested the City Council delay any approval vote tonight or in the very i
near future because a lot more thought and consideration needs to go into this application. Printup requested
the City Council not take the approach of "I know what's best for you," because we live here, we know best,
and those are the two reasons why you should oppose this program from operating in Orono.
Steve Byrnes, 1025 Heritage Lane, noted that he does have a connection to the Emily Program. Byrnes stated
he has never met Dr. Miller, but he would like to say thank you to him for saving his sister's life, who suffered
from an eating disorder.
Byrnes commented that it is time some of the residents speak in favor and support of The Emily Program.
Byrnes indicated he has been a resident of Orono his entire adult life and that he is surprised at the reaction of
some of his neighbors. The residents here live in a wonderful city, with a number of resources. This is an
opportunity to help others. Byrnes stated simply because you suffer from an eating disorder does not mean
that you are mentally ill. The people who seek help for an eating disorder is because they want help and not
because they are court ordered.
Byrnes noted he does have some concerns as well. He has two small boys who like to play in the park, walk to
the post office, and run on the trail. Byrnes stated the provisions he has heard from Dr. Miller and the fact that
they are willing to surrender the CUP is good enough for him and that this is a wonderful opportunity to help
our neighbors and other people out.
Mike Maddie, 2150 Prospect Avenue, stated following the first City Council meeting, he wanted to learn some
more facts about The Emily Program. He did make a visit to one of the facilities because he had some
concerns due to his lack of knowledge about the program. One of the major concerns is what due diligence •
has been done by the City and Staff as it relates to this application and the fact that all of the information on
the program has come from the applicant.
Page 8 of 19
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m.
(4. #10 -3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued)
Maddie indicated he did go to the National Eating Disorders website in an attempt to learn more about this
disorder. Maddie stated he would like to take a middle ground on this application and try to figure out what
further information is needed in order to determine what is best for The Emily Program, the community, and
the residents of this neighborhood.
Maddie noted the majority of the local residents oppose the proposed location. Some of the rationale for
opposing it include, one, operating a 24/7 facility will change the character and identity of the Crystal Bay
neighborhood; two, constant emergency calls at the facility will have an impact on the children's perspective
of safety in the neighborhood; and three, in terms of safety and risk concerns, the facility will be a non - locked
down facility. Maddie asked if it is feasible to presume that someone with suicidal thoughts who flees the
facility will pose a clear and present risk.
Murphy noted an addendum to that statement would be, a clear and present risk to whom.
Maddie indicated he presumes the person would be a risk to himself. As it relates to traffic and parking,
based on the research that he has done, all logical indications point to the fact that it is likely traffic will
increase on the weekends, which is when most people will be home. Maddie noted he did speak to some real
estate agents who seem to think that property valuations could potentially be negatively impacted but they are
unable to quantify that.
• Maddie stated as it relates to due diligence on.complaints against the facility, the residents were told by Dr.
Miller that he was aware of no complaints against the building. The neighbors feel that additional objective
research should be done. The residents to date have been told that it is the City's feeling that this use will
result in reduced traffic for the neighborhood and that the City should get behind this program because there is
nothing not to like about it.
In order to obtain an understanding of where people stand on this application, a straw poll was conducted. The
majority of the people in the area are opposed to the proposed location. The French Creek Association does
not support the location of the facility. Maddie noted not every resident in this area has been canvassed, but
that 76 percent of the immediate residents have been. Of those people, 97 percent of the people are opposed to
the location. Maddie commented that the voice of the community is against this location.
In terms of the Emily Program itself, Maddie stated in his opinion there is not a person in this room who does
not support the program or its charter. The Emily Program has made a positive impact on people's lives and it
is an exceptional program, which is not at debate tonight. Maddie stated the question tonight is whether this is
the right location for this facility.
Maddie displayed an illustration of the Chaska location on the overhead and pointed out that the area consists
of a residential area and a mixed use area. In addition, there is a townhouse complex in the area.
Murphy noted the facility in Chaska is in the process of closing.
Maddie stated the data shows that the program is exceptional. In order to deal with one of the safety and risk
• concerns raised by the residents, he did look at police records from the Chaska Police Department and the St.
Paul Police Department to understand how many calls have been placed to the facilities. The majority of the
calls were made to the Chaska facility and a few calls were made to the St. Paul location. There were 12
missing person's reports, 11 death/suicide in progress or attempts, seven mental health concerns, and six
— Page 9 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m. •
(4. #10 -3442 THE EMILYPROGRAM, 2180 NORTHSHORE DRIVE, Continued)
emergency commit/officer initiating calls. These reports were made over a period of multiple years. Maddie
recommended the City took a closer look at the police reports to find out in what context the calls were made.
In terms of the overall medical services that The Emily Program provides, they do lab work and acupuncture,
but it is unclear whether it will be done at this facility.
Maddie commented that people are concerned about the traffic and parking, and noted that the neighbors were
told that the residents would not have cars but yet on the website it says that individual plans for vehicles will
be developed.
Maddie stated in his opinion The Emily Program is a fantastic program and he would like to hear from actual
residents of the program. Maddie indicated he did visit the Chaska facility and chat with some of the patients
down there. The following are some of the comments that were received: "I wish I weren't here but they
don't bother me and I don't bother them; I have no problems with it; it is a great program." In addition, there
were some comments received from the neighbors of the Chaska facility who felt that there was not enough
thought given to the impact on the neighbors, that parking was a problem as well as the number of ambulance
calls to the facility. Maddie indicated he also heard a statement from one of the neighbors that a lady ran down
the street screaming foul obscenities, and another statement from a different neighbor that was told when he
complained, "that's what you have to expect from girls," and another statement that the police have been there
often. Maddie indicated he is not sure if this statement is valid or not but that he did obtain addresses from all •
the people that he got statements from.
In terms of property valuations, Maddie noted he did speak with a few real estate professionals. Mayor White
commented that it is not prudent to think that real estate values will be systemic across the City, but the
possibility is real that it will impact the valuations to some degree and will have a drawback on neighborhood
appeal. According to Chris Young, Edina real estate agent, perception does affect valuation. Another
concern raised is how to prevent the scope of services from expanding and not migrating into other treatments,
which is a real possibility. Maddie stated the residents would like to do some more due diligence and find out
what the police reports are about and get a perception of what the calls were about.
Maddie noted the City's charter is to preserve the local character and identity, which does not mean just the
building but the intangible aspects of the neighborhood as well. People are concerned that the identity and
character of the neighborhood will be negatively impacted if the Emily Program facility is approved. Maddie
noted that the voices of the neighbors should count, which is what democracy is all about.
Maddie asked the audience whether they think The Emily Program's charter is exceptional and that it has a
positive impact on people's lives.
The majority of the audience members noted their agreement.
Maddie asked whether the residents feel this is the wrong location for the facility.
The majority of the audience members noted their agreement.
Maddie noted the purchase price for this lot is approximately $800,000 and that The Emily Program is •
proposing to spend two million dollars on renovating the building. Maddie encouraged the City and The
Emily Program to look at other properties within the community that would offer three to five acres. There is
Page 10 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
• 7:00 o'clock p.m.
(4. #10 -3442 THE EMILYPROGR,4M, 2180 NORTH SHORE DRIVE, Continued)
nothing to prevent the community from doing something unique and identifying a location where everyone can
compromise, which will result in a win /win situation. Orono has a lot of open space and there are a number of
other lots that can be considered. Maddie stated in his view the community is not saying no to the program but
that they feel there is a better location for it.
Vicky Nann, 1300 French Creek Drive, indicated she is a licensed realtor in the State of Minnesota and that
she has done some research on what could happen to property valuations should a psychiatric inpatient facility
be opened up in a neighborhood. Nann noted there was not a great deal of quantitative information available,
but that she was able to find a study that was done in metropolitan Toronto on property values and mental
health facilities. According to the report, it said that the most important influences on sales price are the
characteristics of the property itself. In this situation we have a school building that is decades old, which is
being proposed to become an inpatient psychiatric facility, which involves a number of different
characteristics from that of a school.
Nann indicated she would like to echo Maddie's comments on the parking concerns, nighttime lighting, and
emergency calls at all hours of the day; all of which is very different from the school. Nam stated she loves
the environment of the French Creek neighborhood, the character of the Hill School, and the Minnetonka Art
Center. As a realtor, she represents buyers who are looking for a certain quality of life. If this school is
transformed into an inpatient psychiatric treatment facility, it would have a negative impact on buyers. At the
present time it is difficult to sell a house in the Twin Cities. Average sales prices in the Twin Cities are down
30 percent from the peak in 2006. Nann stated she is convinced that if this building is changed to an inpatient
psychiatric facility, the neighbors will be looking at longer times for sales to occur and lower prices.
Nann stated she personally is in support of The Emily's program but does not feel a residential area for this use
is appropriate. The Retreat in Wayzata is located on a lot in a mixed use area and is tucked back behind a
number of trees. The Hazelton in Plymouth is located on 13 acres. This location does not have the appropriate
space. There are hundreds of commercial properties that are available currently. Nann indicated she went
through the MLS in their commercial property listings and found six sites right in the area that are already
zoned commercial. Nann stated she would be happy to provide that information to The Emily Program. One
lot is priced at $649,900, which is located on Shoreline Drive and consists of approximately three and a half
wooded acres. Nann stated that is just one of potentially dozens of properties in the western Twin Cities area
that might be appropriate for this project. Nann indicated she is opposed to the project at this location.
Dr. Miller commented that what he is hearing in his view does not reflect support of The Emily Program and
that the residents are trying to define it as just the location. In his view the issue is that the residents do not
want this in their back yard. After hearing the presentation, a lot of the issues raised were conjecture.
Dr. Miller noted the chief of police in Chaska sent a letter to the City addressing some of those issues. The
Chaska police chief has stated that they have received no complaints or concerns about their facility and that
he feels it has zero negative impact on the neighborhood or community. In addition, the City planner of
Chaska has asked The Emily Program to stay in Chaska and to consider other sites within Chaska.
Dr. Miller stated The Emily Program is very good at running eating disorder programs and that it is not a
• psychiatric hospital. There currently is a moratorium on hospital beds in Minnesota and it is practically
impossible to get a license for a hospital in this state. Dr. Miller stated there are zerol0 -bed alcohol treatment
programs in the United States and only one sex offender program in Minnesota that is not associated with the
Page 11 of 19 -
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m. •
(4. #10 -3442 THE EMILYPROGRAM, 2180 NORTHSHORE DRIVE, Continued)
prisons called the Alpha House, which charges $125 a day. The Emily Program receives $1200. Dr. Miller
indicated a 10 -bed inpatient residential facility is simply not economically feasible for most programs.
Dr. Miller stated in his opinion a number of the concerns raised by the neighbors will not occur. We all live
near alcoholics but we do not consider them to be horrible people where we have to lock our doors and be
afraid of them. Dr. Miller commented that in his view he is listening to a lot of irrational fears which simply
will not come to fruition.
Steinhafel commented that they heard resounding support for the program tonight and that the neighbors'
opposition is to the location. Steinhafel requested The Emily Program consider other alternative locations.
Dr. Miller stated they are constantly looking for sites and that they feel this location will meet their needs.
Dr. Croll stated she understands the residents' concerns and that she appreciates their support of The Emily
Program. The mismatch is that they are not an inpatient psychiatric facility. What The Emily Program is
proposing is a residential treatment program, and in order to be in a residential eating disorder treatment
program, you have to be located in a residential area. Dr. Croll stated they want a structure that will feel like a
home and not an office building.
Dr. Miller stated the square footage of the Hill School is 10,000 square feet. They are willing to consider any •
space and are still looking at properties. If they find a space that will work, they will pursue it. Dr. Miller
commented that the "not in my back yard" is sad to hear from the residents and that he is not sure what the fear
is about eating disorders.
Dr. Croll indicated she runs all the educational programs for The Emily Program and that they would like to
change the residents' minds about how people with eating disorders are perceived. Dr. Croll stated she does
not want the residents to leave the meeting tonight thinking that people with eating disorders are psychotic.
Dr. Croll reiterated her appreciation of the residents' support of The Emily Program's charter and expressed a
hope that the residents will extend that support to treatment of these people.
Sam Marfield, 2455 North Shore Drive, commented that he loves this city and that it is a wonderful place to
live. Marfield noted that the people with The Emily Program do not know for certain that their real estate
values will not go down. Marfield pointed out that they have had two people get up and say that our real estate
values may go down and that it is likely they will not go up. Marfield questioned how Dr. Miller can say they
are afraid real estate values will go down.
Dr. Miller stated there is no evidence to support a decrease in property valuations and that it is all conjecture.
If your home was located next to a 50 -bed psychiatric hospital, that might impact your valuations. There is no
evidence that having a 10 -bed facility in the neighborhood will cause property values to decrease.
Dr. Croll noted they will be improving the building.
Marfield stated valuations are dependent on emotion and that it was the opinion of the real estate person that
property values may go down. •
Dr. Miller asked why the houses in this neighborhood are not selling at the present time and questioned how
The Emily Program has influenced that.
Page 12 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
• 7:00 o'clock p.m.
(4. #10 -3442 THE EMILYPROGR", 2180 NORTHSHORE DRIVE, Continued)
Bremer stated the point is that it is not known whether property values will decrease if The Emily Program is
located in this neighborhood.
Marfield commented that they do not want to take the chance of that happening to their valuations. Marfield
stated they could go to Billy's Lighthouse or go to the VFW in Mound that is currently in foreclosure. There
are also two Snyder Drug Stores that are going to be vacant that could be used for this program. Marfield
commented that there are a number of failed real estate ventures around the area that could be considered.
Dr. Miller noted that this building has the appropriate zoning and that the owner is willing to sell the property.
Sandra Dess, 1260 French Creek Drive, asked if it is also irrational to assume that there will be an increase in
traffic and emergency vehicles.
Dr. Miller stated it is not irrational.
Dess stated to have those types of issues in a residential area is disruptive to the neighborhood and is not
irrational.
Dr. Croll stated Dr. Miller is attempting to put some perspective to the issues. In the past four years, there
• have been 38 calls to their facilities. Some of them have been minor and some have been emergencies. That
amounts to less than once a month that an emergency vehicle will need to come to the building.
Dess stated to her that is a lot of activity in a quiet residential area and is an overwhelming concern for the
neighbors.
Shari Danielson, 1250 French Creek Drive, stated everything she has read about anorexia and bulimia is that it
is a mental issue and not a physical issue.
Dr. Croll indicated it is both.
Danielson stated she did call one of The Emily Program's clinics and asked what the screening process would
be for a patient. Danielson indicated she was told there would be a psychiatric evaluation and a drug and
alcohol evaluation in that first initial screening. She was told that is normal because a lot of these people have
drug and alcohol issues in addition to the mental health issue of the eating disorder. Danielson asked if that is
their standard protocol.
Dr. Miller indicated it is.
Dr. Croll stated the alcohol and drug screening is a three question questionnaire similar to a questionnaire that
you would fill out at the office of your family practitioner.
Danielson stated in a -mails she exchanged with Lindsay Brown she asked for basic financial information on
how viable the program is and was refused that information. Danielson indicated she also asked if they were
• planning to develop any other clinics and was refused that information as well. In addition, Lindsay Brown
was asked if The Emily Program had ever been sued or whether The Emily Program has been forced to close a
clinic, and she refused to provide that information as well.
Page 13 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m. •
(4. #10 -3442 THE EMILYPROGRAM, 2180 NORTH SHORE DRIVE, Continued)
Dr. Miller stated they are not going to disclose specific financial information to the neighbors. The Emily
Program's banker has looked at our financials and they are willing to loan us money in these bad economic
times. Dr. Miller noted their banker did attend the neighborhood meeting on Wednesday. The Emily
Program is well managed and doing well financially. The Emily Program has also never been sued for
anything. They are closing the Chaska facility because the facility is being relocated to St. Paul.
Scott Danielson, 1250 French Creek, asked if The Emily Program could be acquired by someone else that
would be less friendly.
Dr. Miller stated he has no intentions of selling the program to anybody who is less friendly.
Scott Danielson stated the residents here are anchored here and cannot just pack up and leave. Danielson
commented that some of the issues raised may seem to be irrational to Dr. Miller but the neighbors are raising
them because they do not have complete knowledge of the environment.
Dr. Miller stated at the meeting on Wednesday night, they attempted to be as open as possible and provide as
much information as possible, and that when they came here tonight, it was a surprise that the neighbors still
have some of these same concerns. Dr. Miller indicated he does not feel there is any more information they
can provide that would help alleviate some of the neighbors' concerns. Turning this site into a sex offender
program if The Emily Program leaves will never happen and is beyond a remote possibility. •
Murphy stated they will take one or two more comments and then turn the discussion back to the City Council.
Jeanne Fayfield, 2220 French Creek Circle, asked whether Dr. Miller has a succession plan in place if he were
to die tomorrow so that The Emily Program will follow his wishes. Fayfield commented that it should be in
writing for people to be comfortable. Fayfield stated she was at the meeting last week and that they are
interested in The Emily Program but do not feel it is the right location land -wise. There is not enough space
available and The Emily Program is not allowing themselves adequate room to grow.
Dr. Miller stated that is a decision for them to make.
Fayfield noted eating disorders are on the rise, and in order to have a successful facility, you need to look
down the road at possible expansion.
Sam Marfield, 2455 North Shore Drive, stated he feels the Emily Program is a great program. The one issue
that he has not talked about is the fact that this place could be a fire trap for ten young ladies. If the fire system
failed in the building or the electricity went out, it would be difficult to put the fire out right away.
Stephanie Byrnes, 301 Grove Avenue Southeast, Watertown. Byrnes noted she did grow up in Orono and
was a former patient of The Emily Program. Byrnes indicated she would put all her trust in Dr. Miller and that
what he is doing is right. At the present time she is a 35 -year old adult with a successful life. Byrnes stated
she is not a mental case and does not have a mental illness but is like everyone in this room.
Byrnes commented that everyone probably knows someone with an eating disorder. Teachers have eating
disorders, teenage boys and girls have eating disorders. It is a heart- breaking disease that people need help for. •
Byrnes stated in her opinion it would be a blessing for the people of Orono to have The Emily Program to help
Page 14 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m.
(4. #10 -3442 THE EMILYPROGRAM, 2180 NORTH SHORE DRIVE, Continued)
fellow citizens of Orono so they can have a successful life. Everybody deserves a second chance, which the
Emily Program offers.
Marfield stated there is not one person in this room that disagrees with that but that they have an issue with the
location.
Byrnes indicated she is very familiar with this location as her brother lives across the street and she takes
classes at the Minnetonka Art Center. Byrnes commented she loves the Orono community and grew up in it.
This location is great because it is a residential area. The patients don't want to be put away in some isolated
spot. They want to feel at home in a community and neighborhood that surrounds you and supports you.
Dean Lundblad, 1290 Arbor Street, noted that several of the neighbors within the 350 -foot radius were not
notified, so the neighbors have some disgust with the system. Lundblad indicated he had a friend in college
that had an eating disorder and that he crossed paths with her recently and she is enjoying a good life.
Lundblad indicated he does support the Emily Program but does not want it at this location.
Sharon Winslow, 1205 French Creek, stated in her view the comments regarding the traffic and parking issues
have been glossed over. In her opinion the intersection at County Road 15 and 51 is the worst intersection in
this area and that this will increase traffic at that intersection. Winslow indicated she is worried about traffic
• accidents at that intersection.
Acting Mayor Murphy commented that whatever happens with this application will not dramatically change
the situation at that intersection. Murphy stated when the City Council agreed to the reconfiguration of Hill
School for the charter school, they had issues with parking and traffic at that time, and that he does have
personal issues concerning that intersection since he was in a collision there.
Maddie stated a lot of people have some valid points both for and against this application. Maddie asked
whether it would be feasible to enact an ordinance for an interim use period and have a trial for 12 months,
followed by another 12 month trial, and then issue a conditional use permit. Maddie stated in his view that any
relevant concerns could be addressed during that time and that option might offer an opportunity to find
compromise on this situation.
Dr. Croll commented that there appears to be a real concern on the part of the neighbors that the police and
ambulance will be coming to this location all the time but that it will probably only be an average of one time
per month. Dr. Croll stated in her view that would not have an enormous impact on the neighborhood and the
situation would be similar to a neighbor requiring an ambulance.
Acting Mayor Murphy suggested the City Council start discussing the application.
Lorraine Kaley, 1395 Brown Road, stated she lives on that corner and would invite people to visit that corner
to see what the traffic is like, particularly with people parking to access the trail.
Acting Mayor Murphy noted the City Council has discussed those issues with Hennepin County and that a lot
• of work needs to be done to address that situation.
Acting Mayor Murphy closed the public hearing at 8:53 p.m.
Page 15 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m.
(4. #10 -3442 THE EMILYPROGRAM, 2180 NORTH SHORE DRIVE, Continued)
Bremer stated she was happy to see a large number of residents turn out for the meeting tonight and that there
is a balance to determining whether additional information is required and taking action on an application.
Bremer commented they likely will not know the impact on the real estate market or the traffic conditions
simply because there are a number of other variables that could come into play.
Bremer indicated she is supportive of The Emily Program. Based on her own research, everything she has
learned about the program has been positive. Bremer commented that she wished the property was larger and
that the intersection of County Roads 51 and 15 was better. Bremer pointed out that this is the property that is
being considered and that the City Council has to deal with an application as it is presented to them. The City
Council, however, owes the applicant a fair shake as they go through the process.
Bremer recommended the application be tabled tonight because, one, in her view it is important that Mayor
White should be here to provide input into the matter based on his experience in doing real estate development
for a living. Bremer indicated the second reason for recommending the application be tabled is that she also
shares in some of the concerns that were raised tonight. Bremer commented she would be remiss if she did not
step back and think about the zoning implications of this property. Bremer noted she is not that concerned
about the finances and some of the other issues raised, but that she would like to work with Staff to develop a
list of additional information that should be submitted.
•
Bremer noted she is an attorney and that the City owes it to everyone to figure out if there a legal way that the •
City can do this or whether they should do this. The City Council does not do anyone a favor if the council
goes into an application half - heartedly or with partial information. Bremer noted this is a complicated issue
and agreed that it would be nice to do it in incremental steps, but pointed out that a business probably would
not be willing to enter into a long -term commitment if there are not some guarantees that they will be able to
operate the business for longer than 12 months.
Bremer commented that she hopes the City Council will work diligently to find the applicant a different
location if this location does not work out, but that she does not feel Snyder's or another commercial office
building is a good location. Bremer indicated she is not aware of anyone else that has expressed interest in the
property, and that the owner of the property has the right to sell his property to someone who wants to buy it.
Bremer pointed out that in the event the property does sell, the use of the building will likely change.
Mattick stated the City is not able to put a sunset provision into a conditional use permit, and because the City
does not have the ability to issue an interim conditional use permit, the applicant has agreed to withdraw their
conditional use permit should they ever vacate the property. Mattick stated in his opinion he does not feel an
interim use permit would be difficult to implement as a city ordinance but that it would take some discussion
with the applicant on how to incorporate that into this application. Mattick noted the creation of an interim use
permit would require a code amendment.
Bremer asked if other communities have interim use permits.
Mattick stated IUPs are becoming more popular. Historically the use that brought IUPs into existence was
gravel pits. With a CUP, the right to operate that business is granted forever. Mattick noted that when you are
talking about spending $800,000 to purchase a piece of property and doing $2.8 million in improvements, the •
applicant will want some guarantees that they will be able to operate longer than 12 months.
Page 16 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
• 7:00 o'clock p.m.
(4. #10 -3442 THE EMILYPROGRAM, 2180 NORTH SHORE DRIVE, Continued)
Franchot indicated he is in agreement with the comments of Council Member Bremer. Franchot asked
whether the applicant is in agreement with the 13 draft conditions contained in Staff's report.
Dr. Miller stated he did read one version of the conditions but does not have the final version in front of him.
Dr. Miller indicated he did sit in on the discussions with Staff regarding the conditions.
Franchot stated if The Emily Program changes dramatically or leaves, the City may have a situation on their
hands that they did not expect, which has happened on other sites in the City. Franchot noted he does like the
IUP concept but that he is not sure how that would affect this application. Franchot stated in his view the
concerns of the neighborhood can be addressed in a fair way and that it would be good to have the mayor here
as part of the discussion.
McMillan thanked the audience members for attending tonight's meeting and doing as much research as they
have done. McMillan stated in her view residential treatment programs need to work in a community and they
need to be properly situated in a community so the community will embrace it and not feel it is an imposition
on them.
McMillan indicated she does have concerns that a large number of the residents feel this would be an
imposition and that she is very, very cognizant of the residential neighborhood character that the residents
• would like to preserve. McMillan commented that residential programs can be a win/win situation when they
are appropriately located and that she does have some real concerns about the location. McMillan stated in
her opinion the Emily Program is a wonderful program.
Acting Mayor Murphy shared his experiences with a treatment program 32 years ago and how fortunate he felt
that there were people willing to help others overcome their problems. Murphy stated when this process
started two weeks ago, he hoped at that time that the residents would become educated on this program and be
able to sort out fact from fiction. Murphy stated in his opinion the residents of Orono are attempting to do that
but that he does not know whether anybody can answer some of the hypothetical questions that have been
raised as part of this process.
Murphy noted he did speak with the fire chief in Orono three times regarding this application and that
following those conversations he firmly believes this structure will comply with every fire code in the state of
Minnesota or it will not be allowed. The fire chief indicated the response time to this location would be less
than three minutes, which is one of the better response times in Hennepin County. Murphy stated in his view
there are answers for many of the issues raised.
Murphy stated in his view the City of Orono does not have much choice but to table this application for the
reasons previously mentioned and concurred that it is important to have the mayor in attendance. Murphy
indicated the City of Orono does need additional time to sit down with the applicant and work through many
of these issues and attempt to finalize the list of 13 conditions.
Murphy stated it would not be fair to the applicant to deny the application tonight without further discussion
and that he would like to sit down as a group and try to arrive at some good conclusion. Murphy stated he
• personally feels The Emily Program at this location would be a wonderful addition to the community and that
he does not believe the fears expressed by the neighbors will materialize.
Page 17 of 19
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m.
(4. #10 -3442 THE EMILYPROGRAM, 2180 NORTHSHORE DRIVE, Continued)
Bremer moved, Franchot seconded, to table Application #10 -3442, The Emily Program, 2180 North
Shore Drive.
McMillan asked what would be done in the next two weeks on this application.
Murphy stated in his view the City Attorney needs to provide further advice on what the City's options are;
two, the City Council needs to look at the parking issues; and three, sit down with the applicant and ask them
exactly where they are in terms of timing and what items they would be willing to explore further.
Bremer stated Staff should work to ensure that the list of conditions is complete and that those conditions
should be communicated to the public. Bremer recommended that two signs be erected on the property.
Murphy noted that as it relates to who was notified and who was not, the City follows state law and did follow
state law on this application. Murphy commented that the City of Orono is a tight community and that the
City should perhaps take a look at the notification process going forward on future applications.
VOTE: Ayes 4, Nays 0.
Murphy stated they will keep the neighbors informed on the process of the application.
*5. #10 -3443 LECY HOMES ON BEHALF OF TIMOTHY AND JULIANN HADDEN, 2655 •
SHADYWOOD ROAD — VARIANCES — RESOLUTION NO. 5916
Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5916, a Resolution Granting
Variances to Municipal Zoning Code Sections 78 -330, 78 -1279, and 78 -1288, for the property located at
2655 Shadywood Road. VOTE: Ayes 4, Nays 0.
*6. #10 -3447 WAYZATA COUNTRY CLUB, 200 WAYZATA BOULEVARD WEST —
CONDITIONAL USE PERMIT — RESOLUTION NO. 5917
Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5917, a Resolution Granting a
Conditional Use Permit for Wetland Alteration Per Orono Code Section 78 -1610, and for Land
Alteration Per Orono Code Section 78 -966, and Revising the Conditional Use Permit Approved by
Resolution No. 5819, for the property located at 200 Wayzata Boulevard West. VOTE: Ayes 4, Nays 0.
(The City Council recessed from 9:23 to 9:32 p.m.)
MAYOR/COUNCIL REPORT
McMillan reported she attended the Save the Lake dinner recently. McMillan indicated she was not aware
that Item 8a had been placed on the Consent Agenda and that she had wanted to discuss the CommonBond
request. McMillan stated she did speak with Amanda Novak and shared with her the concerns she has about
going forward with the grant without having Orono's comprehensive plan completed and that in her view a •
proper analysis should be completed on CommonBond's proposal given the poor state of the economy.
McMillan indicated she also has some concerns with adding it on the Consent Agenda tonight without having
it properly noticed.
Page 18 of 19
•
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 22, 2010
7:00 o'clock p.m.
CITY ENGINEER'S REPORT
None
CITY ADMINISTRATOR'S REPORT
7. GOLF CART LEASE
Bremer moved, Franchot seconded, to approve a six -year golf cart lease with Yamaha Golf and Utility,
Inc., in the amount of $40,608. VOTE: Ayes, Nays 0.
8. SALE OF LYMAN AVENUE PROPERTY — ACCEPT PURCHASE AGREEMENT
Bremer moved, Franchot seconded, to authorize the Mayor and Assistant City Administrator to execute
documents completing the sale of the property at 1180 Lyman Avenue at a selling price of $15,000.
VOTE: Ayes, Nays 0.
8a. COMMONBOND REQUEST FOR LETTERS OF SUPPORT
Bremer moved, Franchot seconded, to authorize City Staff and Mayor White respectively to sign and
transmit to CommonBond the letters of support for the CommonBond project. VOTE: Ayes 4, Nays 0.
CITY ATTONEY'S REPORT
None
9. LICENSES & PERMITS
None
*10. BILLS
Bremer moved, Franchot seconded, to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
ADJOURNMENT
Bremer moved, McMillan seconded, to adjourn the Orono City Council meeting at 9:35 p.m. VOTE:
Ayes 4, Nays 0.
ATTEST:
Lind S. Vee, City Clerk gJaestMhite, Mayor
Page 19 of 19